Arkansas Medical Marijuana Ballot Falls Short Of Necessary Signatures, Legal Battle Looms

In a disappointing turn for proponents of expanded medical marijuana access, Arkansas Secretary of State John Thurston announced Monday that the initiative, known as Issue 3, failed to meet the threshold of the required signatures to be placed on the November ballot. The petition, submitted by Arkansans for Patient Access, fell short by 2,664 valid signatures. The group needed 90,704 to qualify.

Thurston’s office confirmed that only 88,040 were valid after a 30-day cure period. “Our office determined that 10,521 signatures submitted during the cure period were valid,” Thurston stated, according to KUAR. Combined with earlier validations, the total remained insufficient.

Arkansans For Patient Access Disputes Exclusion

Arkansans for Patient Access had initially submitted over 150,000 signatures from all 75 counties. They now argue that excluding approximately 20,000 valid signatures due to what they call an “arbitrary, last-minute clerical rule change” is unjust. In a statement, the group said this exclusion is “unfair and contrary to the democratic process.”

• Get Benzinga's exclusive analysis and the top news about the cannabis industry and markets daily in your inbox for free. Subscribe to our newsletter here. If you're serious about the business, you can't afford to miss out.

The crux of the issue lies in the certifications for paid canvassers. The Secretary of State’s office requires that these documents be signed by the amendment’s sponsor, not by a representative of a canvassing company. This statute previously affected another amendment related to abortion rights earlier in the election cycle.

Canvasser Certification Issue Sparks Legal Action

Bill Paschall, a spokesperson for Arkansans for Patient Access, contends that the canvasser registration filings are a delegable duty. “The canvasser registration filings during that period were filed by an agent of the campaign thus in [the secretary of state’s] eyes invalidating those signatures. We maintain that canvasser registration filings are a delegable duty. The special master in the casino case took the same legal view,” he told KUAR. The group plans to pursue legal action against the Secretary of State’s office.

Issue 3 Seeks Expanded Cannabis Access

If approved, Issue 3 would have expanded access to medical cannabis in Arkansas. The amendment sought to increase the number of qualifying conditions and broaden the range of healthcare professionals authorized to certify patients. It also sought to extend the validity of patient cards from one to three years, reducing costs and eliminating the need for annual renewals.

Additionally, the amendment would have allowed patients to grow and process up to one ounce of cannabis for personal use, 4029 News writes. It proposed enabling medical card certifications via telehealth appointments, further increasing accessibility.

Amendment's Future Depends On Legal Ruling

Despite the disqualification, Issue 3 will still appear on the ballot. Nevertheless, votes for or against it will not be counted unless the Arkansas Supreme Court overturns Thurston’s decision.

Jerry Cox, executive director of the conservative Family Council Action Committee, speculated that legal challenges are imminent. “Big businesses have spent nearly two million dollars working to place this marijuana amendment on the ballot. We expect them to ask the Arkansas Supreme Court to overrule the Secretary of State’s decision,” he said.

Photo: Courtesy of underworld and Sean Pavone by Shutterstock).